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minimizing the take that results from the water depletions addressed in the biological opinion. In <br />the accompanying biological opinion, the Service determined that the anticipated level of <br />incidental take is not likely to result in jeopardy to the species or destruction or adverse <br />modification of critical habitat with full implementation of recovery actions. <br />Incidental take statements exempt those actions covered by the incidental take statement from <br />the Act's section 9 prohibitions if the reasonable and prudent measures and the implementing <br />terms and conditions of incidental take statements are satisfied. If, during the course of the <br />action, this level of incidental take is exceeded, such incidental take represents new information <br />requiring reinitiation of consultation to review of the reasonable and prudent measures provided. <br />The Service will consider the causes of the taking and review the need for possible modification <br />of the reasonable and prudent measures. <br />REINITIATION NOTICE <br />This concludes formal consultation on the proposed Long Hollow Reservoir. As provided in 50 <br />CFR sec. 402.16, reinitiation of formal consultation is required where discretionary Federal <br />agency involvement or control over the action has been retained (or is authorized by law) and if <br />1) the amount or extent of incidental take is exceeded; 2) new information reveals effects of the <br />agency action that may affect listed species or critical habitat in a manner or to an extent not <br />considered in this opinion; 3) the agency action is subsequently modified in a manner that causes <br />an effect to the listed species or critical habitat not considered in this opinion; or 4) a new species <br />is listed or critical habitat designated that may be affected by the action. <br />The San Juan River Recovery Implementation Program is expected to result in a positive <br />population response for the'Colorado pikeminnow and razorback sucker in the San Juan River. <br />If a positive population response for both species is not realized, as measured by the criteria <br />developed by the Bureau of Reclamation dated July 6, 2001 (Appendix B), this would be <br />considered new information that may affect listed species or critical habitat in a manner or to an <br />extent not considered in this opinion. Therefore, reinitiation of section 7 consultation would be <br />required for all projects dependent on the Recovery Program, including the Long Hollow <br />Reservoir Project. If reinitiation is required, the Service will follow the procedures regarding <br />reinitiation of consultation pursuant to the "Principles for Conducting Endangered Species Act <br />Section 7 Consultations on Water Development and Water Management Activities Affecting <br />Endangered Fish Species in the San Juan River Basin" (Appendix C). <br />Thank you for you.cooperation in the formulation. of this opinion and your interest in conserving <br />endangered species. <br />Sincerely, <br />Allan R. Pfister <br />Western Colorado Supervisor <br />29